LEIGHTON INDIA CONTRACTORS LTD, MUMBAI V. ITO 14(2)(3), MUMBAI

ITA 1954/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1294 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 28-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 1954/MUM/2018 (A.Y: 2009-10 ) ITA NOS. 1955/MUM/2018 (A.Y: 2010-11 ) LEIGHTON INDIA CONTRACTORS PRIVATE LIMITED, TOWER 3, 6 TH FLOOR, EQUINOX BUSINESS PARK, OFF BANDRA KURLA COMPLEX, L.B. S. MARG, KURLA (W), MUMBAI - 400070 / VS. INCOME TAX OFFICER 14 (2) (3), AAYAKAR BHAVAN, MUMBAI ./ ./ PAN/GIR NO. : AAACL3338D ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI SIDDHESH CHAUGULE, AR / RESPONDENT BY : SHRI BRAJENDRA KUMAR, DR / DATE OF HEARING 03/02/2021 / DATE OF PRONOUNCEMENT 04/02/2021 / O R D E R PER PAVAN KUMAR GADALE: THE ASSESSEE HAVE FILED THE CAPTIONED APPEALS AGAINST THE DIFFERENT ORDERS OF THE COMMISSIONER OF ITA NOS. 1954 & 1955 /MUM/2018 LEIGHTON INDIA CONTRACTORS PVT. LTD. - 2 - INCOME TAX (APPEALS) -22, MUMBAI, PASSED U/S. 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED A LETTER DATED 13.01.2021 AND THE LD.AR HAS MENTIONED THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. ITA NOS. 1954 & 1955 /MUM/2018 LEIGHTON INDIA CONTRACTORS PVT. LTD. - 3 - 4. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04.02.2021. SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 04.02.2021 AK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI 2. OTHER MEMBER ON WHICH THE